Rivers Emergency Rule: Tinubu, AGF Absent at Proceedings Challenging Appointment of Sole Administrator 

Alex Enumah in Abuja 

President Bola Tinubu and the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), were conspicuously absent on Thursday, when the hearing in the suit challenging the appointment of Vice Admiral Ibok-Ete Ekwe Ibas (rtd) as the Sole Administrator of Rivers State.

Justice James Omotosho of the Federal High Court in Abuja, had last week fixed April 10, for hearing in the suit filed by an Abuja-based legal practitioner, Mr. Johnmary Jideobi.

The plaintiff, in the suit marked FHC/ABJ/CS/572/2025, is specifically asking the court to set aside as void, “all actions and decisions made by Ibas in the name of Sole Administrator of Rivers State, for being unconstitutional, null and of no constitutional force throughout the Federal Republic of Nigeria for all purposes”.

Besides, he is also praying for another order of the court, restraining the first defendant (Tinubu) either by himself, his officers, agents, privies, servants or any other person acting under his command howsoever named, “from either removing, suspending or otherwise tampering with the tenure of the governor and deputy-governor of Rivers State [and indeed any other dtate in Nigeria]”.

However, when the matter came up for hearing on Thursday, neither President Tinubu nor the AGF was in court or represented.

However, the counsel to the plaintiff, Mr. Chimezie Enuka, informed the court that all the defendants in the matter, except the Attorneys-General of Zamfara and Bauchi States, were duly served with both the originating processes and the hearing notice. 

Subsequently and based on agreement by all the lawyers that appeared in the case, Justice Omotosho adjourned till June 11 for hearing.

Besides, the court ordered the service of fresh hearing notices on all the defendants.

Aside from President Tinubu, who is the first defendant in the matter, the AGF and Attorneys-General of the 36 States of the federation, were listed as second to 39th defendants respectively.

Among the reliefs the plaintiff is seeking from the court include an order of perpetual injunction, barring President Tinubu, “from appointing any sole administrator into any state government house in the thirty (36) states of the federation for any purpose whatsoever”.

In the originating summons he filed through a consortium of lawyers led by Enuka, the plaintiff urged the court to determine: “Whether in view of the combined provisions of the entirety of Sections 1, 5(2), 180, 188, 189, 305 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended and their conflated interpretation, the President of the Federal Republic of Nigeria [1st defendant herein] has any constitutional authority [whatsoever] to either remove, suspend or otherwise tamper with the tenure of the duly elected governor and deputy governor of Rivers State [and indeed of any other state in Nigeria] and appoint a sole administrator [or any other substitute howsoever called or described] such as the 3rd defendant for that state?”

Upon the determination of the question, he prayed the court to declare that upon an intimate reading and complete understanding of the entirety of section 305 of the 1999 Constitution, as amended, there is NO other circumstance contemplated by the Constitution for the removal OR interruption of the tenure of an elected governor and deputy governor of a state EXCEPT the circumstances contemplated under Sections 180, 188, 189 and 306 of the 1999 Constitution of the Federal Republic of Nigeria as amended.

Other reliefs he is asking from the court is “An order setting aside the suspension of the governor and the deputy-governor of Rivers State of Nigeria by the 1st defendant on March 18, 2025 for being unconstitutional, null and void and of no legal effect whatsoever.

“An order setting aside the nomination/appointment and swearing in of Vice Admiral Ibokette Ibas (rtd) as the Sole Administrator of Rivers State of Nigeria by the 1st defendant.

“An order directing Vice Admiral Ibokette Ibas (rtd) [the 3rd defendant herein] to vacate, forthwith, the Government House of Rivers State of Nigeria.”